Uninsured Motorist Claim in Palm Coast, FL

If you were injured in a car crash caused by a distracted, intoxicated, aggressive, or otherwise negligent driver, you could be entitled to seek fair compensation from them through a civil injury claim. But what if the other driver does not have liability insurance, or does not have sufficient coverage to compensate you for all of your losses? Can you still pursue the money and justice you deserve?

If you have uninsured or underinsured motorist coverage in your own auto insurance policy, you may have other legal options for seeking financial compensation. The car accident lawyers of Chiumento Law, PLLC, can help determine the best opportunities for getting the compensation you need.

Chiumento Law, PLLC has served the residents of Palm Coast and Ormond Beach since 1973. We strive to provide our clients with the seasoned, professional legal representation they need in an efficient, client-focused, cost-effective manner. Our full-service law firm is ready to advocate for you with a legal team of 11 attorneys and additional support staff.

We want to help you get back on your feet and put the accident behind you. Reach out to our knowledgeable lawyers for a free, no-obligation consultation to learn more about your rights to obtain compensation in an uninsured driver accident claim.

What to Do If You Were Hit by an Uninsured/Underinsured Motorist in Florida

After being involved in an accident with an uninsured or underinsured motorist in Florida, there are steps you can take to preserve your legal options for seeking financial recovery. These steps include:

• Using your cell phone to take photos and video of the scene of the accident. Remember to document details such as vehicle damage, the positions of the vehicles after the accident (if they were not subsequently moved), any skid marks or debris on the road, the road/weather/lighting/traffic conditions, the traffic controls at the scene, and any visual obstructions
• Seeking medical attention as soon as possible. Get examined by a doctor for injuries you may have sustained in the accident. Follow the treatment instructions or recommendations that your doctors give you
• Keeping copies of expenses and losses incurred from the accident, such as medical invoices, vehicle repair bills, and your income statements
• Avoiding discussion of the accident or your injuries on social media. Insurance companies sometimes monitor accident victims’ accounts for posts that might contradict official statements in a claim

What Is Uninsured Motorist and Underinsured Motorist Coverage?

Uninsured motorist coverage is an optional type of coverage in your car insurance policy. It will pay for expenses and losses you incur from an accident caused by another driver who did not have liability insurance.

Underinsured motorist coverage is another type of optional coverage that covers expenses and losses when the at-fault driver’s liability coverage isn’t enough to compensate you fully.

The benefit of these additional coverages means you will have the option of compensation for injuries and losses regardless of the insurance of the at-fault driver. These additions to your insurance policy will prevent you from suffering unnecessary financial burdens because of someone else’s negligence.

What Does Uninsured Motorist Coverage Pay For?

Uninsured motorist coverage can help pay for the financial and personal losses caused by the at-fault driver. With uninsured motorist coverage, your insurance company will act as the coverage the at-fault and uninsured driver should have had. UM coverage can pay for:

• Economic damages — This includes medical bills both present and future, lost wages, and property damages like a totaled car.
• Non-economic damages —These damages can include pain and suffering and loss of quality of life.

Is UM/UIM Coverage Required in Florida?

Florida law currently does not require that drivers have uninsured/underinsured motorist coverage as part of their policy. Instead, state law only requires drivers to carry a minimum of $10,000 in personal injury protection (PIP) coverage and a minimum of $10,000 in property damage liability coverage. PIP coverage provides money to drivers and their passengers for injuries they sustain in a car crash, regardless of who caused the accident. Property damage liability coverage pays for damage to someone else’s vehicle or property when you cause an auto accident.

However, insurers do offer Florida drivers the option of purchasing UM/UIM coverage when signing up for insurance. In many cases, insurers will require any drivers to buy bodily injury liability (BIL) coverage as well as UM/UIM coverage. This pays for any medical expenses, lost income, or pain and suffering experienced by a person injured in a motor vehicle accident caused by the insured driver. UM/UIM coverage limits may be equal to or less than the BIL coverage limits purchased by a driver.

Do You Need a Lawyer to File a Claim with Your Own Insurance Company?

After a car accident in Florida, you might assume that you do not need a lawyer when filing a claim with your own insurance company. However, you might find that you and your insurance company have different interests when it comes to your accident claim.

You have a right to seek compensation for your injuries and losses after a car accident that you didn’t cause. Unfortunately, even though your insurer’s commercials might portray them as friendly and always willing to help you get back on your feet, getting them to pay you might be more challenging than you anticipated.

Policyholders are often disappointed when their insurance company tries to pay them as little money as possible for their claim. An insurer might also pressure you to accept a payment before you fully understand your injuries and losses. They may undervalue your expenses or simply deny your claim after citing a loophole in your insurance policy.

You might need a lawyer to help you with a UM/UIM claim if:

• You have incurred substantial financial and personal losses
• You and the insurance company do not agree on the value of your claimed losses
• The insurance company is trying to get you to accept a quick settlement
• The fault for the car accident is being contested
• Your insurance company accuses you of causing the crash

Recoverable Damages in an Uninsured/Underinsured Motorist Claim

A UM/UIM claim could provide you with compensation for:

• Medical costs — Medical costs can include emergency care, surgeries or other procedures, doctor’s office visits, prescriptions, physical and occupational therapy, or purchases of medical or mobility devices and equipment
• Long-term care costs — Long-term care costs can help with a permanent disability you suffer from car accident injuries. These may consist of home health services, home maintenance, or renovations to your home to accommodate disabilities
• Loss of wages or income — Lost wages involve the time you miss work while treating and rehabilitating your injuries
• Loss of future earning ability — The loss of future earning ability involves permanent disabilities or other chronic conditions from the crash that result in you earning less income than before the accident or being unable to work and earn income at all
• Physical pain and suffering — This involves the physical and mental anguish that can result from injuries in an accident
• Reduced quality of life — Reduced quality of life can be caused by a permanent disability or visible scarring or disfigurement from your injuries

Time Limit for Filing a UM/UIM Claim

Under Florida’s statute of limitations, you must file a car accident lawsuit within two years of the date you were injured. However, in UM/UIM claims, a different limitation period may apply. Suppose your insurer has declined to pay you benefits under the UM/UIM coverage in your insurance policy. In that case, you may be entitled to bring a breach of contract claim. This is subject to a five-year statute of limitations period.

How a Palm Coast Uninsured or Underinsured Accident Lawyer Can Help

If an uninsured driver injured you, don’t despair A Palm Coast/Ormond Beach uninsured accident attorney could help you by:

• Conducting an independent investigation of the accident to recover the evidence needed to show how the other driver caused the crash
• Documenting your expenses and losses from injuries and property damage you sustained in the accident
• Confirming the applicable insurance coverages in your case, including your eligibility to file an uninsured or underinsured motorist claim
• Preparing and filing your claim with your insurer
• Pursuing an efficient resolution that provides you with fair and full compensation
• Pursuing your legal rights in court if necessary for the financial recovery you deserve under the terms of your policy

Being in a car accident is a traumatic experience. If you discover the at-fault driver was uninsured, you might believe there’s no way to be compensated for your losses. There might be other options, however, and an experienced Palm Coast car accident lawyer from Chiumento Law, PLLC, could help you explore them.

You might still have options for recovering compensation. Call our Palm Coast or Ormond Beach offices or fill out our online form for a free, no-obligation consultation with one of our Florida uninsured car accident lawyers today.